Official Site of The State of New Jersey

Legal Status Information

When families of individuals with disabilities are planning for the transition to adulthood one discussion that can be important to consider is legal status.

Guardianship:

Guardianship is a legal process, utilized when or if a person cannot or can no longer make or communicate safe or sound decisions about his/her person and/or property, or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. The Superior Court can assign a guardian to care for an adult who cannot care for themselves.

Types of Guardianship:

• Guardianship of the person and estate - The guardian is responsible for the individual's healthcare and financial management. This applies when the ward also has assets that qualify as an estate.
• Guardianship of the person only - This applies when the ward needs to be looked after but does not have assets to manage.
• Guardianship of the estate only - The guardian only manages the ward's financial affairs.

Steps to Guardianship:

The Civil Division, Superior Court works with county surrogates in guardianship cases. The initial guardianship request is filed with the county surrogate's office . A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate.

County Surrogate Offices

The Civil Division, Superior Court works with county surrogates in guardianship cases. The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate.

Alternative to Guardianship:

Supported Decision-Making:

Maintains the young adult's decision-making ability with the assistance of an individual or individuals appointed by the young adult. Family members, friends, or professionals may be appointed to serve as their support in making decisions.

Supported Decision-Making 101

Supported Decision-Making Fact Sheet

Power of Attorney:

Allows the young adult to appoint an individual to make decisions on their behalf. The young adult must be able to understand that the appointed person will make the decisions and must be able to grant consent to do so.

Power of Attorney Information

Additional Guidance with Lifetime Advocacy:

PLAN NJ:

Planned Lifetime Assistance Network of New Jersey, Inc. (PLAN|NJ) Is a Nonprofit that provides guidance for people with disabilities and their families when planning for the future.